Terms and Conditions
General
1. These terms and conditions (“Terms”) set out the basis on which you (“you” or “the Customer”) can place orders for items from Russums, a trading name of E Russum & Sons Limited (“Russums”, “we” or “us”) and will apply to any contract between you and us for the sale of goods. Please read these Terms carefully and make sure that you understand them before ordering any product from us whether via our website, telephone or written order. By ordering goods from Russums you are deemed to have understood and accepted these Terms to the exclusion of all other terms and conditions that you seek to incorporate or which are implied by trade, custom, practice or course of dealing. No variation onto the Terms will be binding unless confirmed in writing by a Director of Russums.
2. We amend these Terms from time to time. Every time you wish to order goods from us, please check these Terms to ensure you understand the Terms which apply at that time.
3. We reserve the right in our absolute discretion to decline to accept orders or to offer credit terms.
Basis of Contract
If you place your order via our website, clause 4.1 to 4.3 apply to you:
4.1. Your order for products from us constitutes an offer by you to purchase the goods in accordance with these Terms. You are responsible for ensuring that the terms of your order and any applicable specification are complete and accurate. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order or any part of it has been accepted. Our acceptance of your order will take place as described in Clause 4.2.
4.2. We will confirm our acceptance to you by sending you an e-mail that confirms that the products have been despatched (“Despatch Confirmation”) at which point, the contract between you and us will be formed. The contract between you and us will be only be in respect of those goods set out in the Despatch Confirmation.
4.3. If we are unable to supply you with a product ordered, for example because that product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order in respect of that particular product. If you have already paid for the relevant product and there are no other items contained in your order, we will refund you the full amount as soon as possible including any delivery costs. If your order includes other products that we are able to supply, we will despatch those products and charge delivery as normal, only refunding you for the cost of the product we have been unable to supply.
If you place your order via telephone or in writing (post, email or fax), clauses 5.1 to 5.3 applies to you:
5.1 Your order for products from us constitutes an offer by you to purchase the goods in accordance with these Terms. You are responsible for ensuring that the terms of your order and any applicable specification are complete and accurate. Please note that our receipt of your order by phone or in writing and/or the taking of payment from you for all or any part of it does not constitute our acceptance of your order or any part of it. Our acceptance of your order will take place as described in Clause 5.2.
5.2 Your order shall only be accepted and deemed to be accepted when we despatch the goods, at which point the contract between you and us shall come into existence. The contract will only be in respect of those goods actually despatched as set out in the despatch note which will accompany the goods. We ask that you provide us with your email address when placing your order so that we may confirm our acceptance of your order by sending you an email that confirms that the products have been despatched.
5.3 If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will not process your order in respect of that particular product. We will endeavour to contact you to inform you of this. If you have already paid for the relevant product and there are no other items contained in your order, we will refund you the full amount as soon as possible including any delivery costs. If your order includes other products that we are able to supply, we will despatch those products and charge delivery as normal, only refunding you for the cost of the product we have been unable to supply.
Prices
6. All goods and carriage are subject to VAT at the applicable current rate chargeable in the UK for the time being, except books, children’s clothing and protective boots/wellingtons which are zero rated.
7. All prices shown are cash prices in sterling. There is no minimum order value.
8. Catalogue prices are correct at the time of going to print (1/2018) and may be subject to change from time to time. We reserve the right to change the advertised price without notice and goods are invoiced at the price ruling at the time of despatch. If an error has caused the listed price or description of a product to be incorrect, Russums shall be under no obligation to honour the incorrect price or order.
9. The price of a product does not include delivery charges.
Goods
10. All goods are subject to availability and we may substitute the goods with newer items or items of comparable or better quality. The images of goods on our site or in our catalogue are for illustrative purposes only. Your goods may vary slightly from the images. Please note that you are responsible for deciding on the suitability of goods offered for any particular purpose and for the consequences arising from any work we undertake on goods at your request.
11. It is an offence to sell knives and other age restricted products, such as solvents, to anyone under 18 years of age. Customers placing orders for age restricted products may have to provide a digital form of identification to confirm that they are over 18 years of age. Delivery must be accepted by a person over 18 years of age. Please me aware that our couriers may request photographic ID at the point of delivery. If you are under age, please do not attempt to order these goods through our site or otherwise. We reserve the right to cancel your order if we believe that you are not legally entitled to buy certain goods.
Delivery
12. Please note that timescales or dates for delivery are approximate only and will vary depending on the availability of goods and your address. Time for delivery is not of the essence. Goods held in our warehouse are usually despatched within 1-2 working days. Please allow extra time for bulky, fragile, heavy or personalised orders, and for deliveries to offshore and remote areas including Northern Ireland, Scottish Highlands, and outside the UK mainland. We shall not be liable for any delay in delivery of the goods that is caused by an Event Outside Our Control (as defined in clause 47) or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the goods
13. To use our 'next day delivery service' orders should be paid for by credit/debit card and placed by 3pm, Monday to Friday. Goods despatched on a Friday will be delivered on Monday (except on a Bank Holiday or UK public holiday). Our next day delivery service is subject to stock and may not be available during exceptionally busy periods.
14. Every effort is made to ensure that goods are delivered by the estimated delivery date, although delivery times cannot be guaranteed.
15. For details of our delivery charges, please click here (if you are viewing these Terms online) or if not, you may obtain details of our delivery charges by going to www.russums-shop.co.uk/help/shipping-prices or contacting us on 01709 372345. Please contact us for advice on delivery charges for very small/lightweight orders. Please note that, regardless of how you place your order with us, there may be an additional delivery charge for bulky, fragile, heavy or personalised orders, and for deliveries offshore and to remote areas including Northern Ireland, Scottish Highlands and outside the UK mainland which can be confirmed at the time of order.
16. Details of any damages or shortages to deliveries must be reported to us within 24 hours by calling our customer service team on 01709 372345. Any claims for non-delivery of items must be confirmed to us in writing within one week of the invoice date.
17. The goods will be your responsibility from completion of delivery.
18. Where you have made payment to us including all applicable delivery charges prior to despatch of your goods, you own the goods from the point of despatch. If you hold a credit account with us, you own the goods once we have received payment in full including all applicable delivery charges.
International Orders
19. Orders can be despatched worldwide, please view our shipping rates here (if you are viewing these Terms online) or if not, you may obtain details by going to www.russums-shop.co.uk/help/shipping-prices or ask for details by calling us on +44 (0)1709 372345.
20. If you order goods from our site that require international shipping, you may be subject to import duties and taxes which are applied when the goods reach that destination. Please note we have no control over these charges and cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
Payment (Consumers) - This section applies only if you are a consumer
21. If you are a consumer, payment must be made to us at the time of placing of your order. This does not affect your rights to a refund on cancellation of your order as set out in these Terms or your statutory rights.
Payment (Business Customers) – This section applies only if you are a business customer
22. If you are a business customer who does not hold a credit account with us, payment must be made to us at the time of placing of your order. This does not affect your rights of cancellation of your order as set out in these Terms.
23. If you are a business customer who holds a credit account with us, you shall pay our invoice in full and in cleared funds within 30 days of the date of the invoice. Payment shall be made to the bank account nominated in writing by us. We also accept payment by credit/debit card and business cheque. Time of payment is of the essence.
24. If you, being a business customer who holds a credit account with us, fail to make any payment due to us under the contract by the due date for payment (“due date”), then you shall pay interest on the overdue amount at the rate of 4% per annum above The Royal Bank of Scotland’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount.
25. You shall pay all amounts due under the contract in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may at any time, without limiting any other rights or remedies we may have, set off any amount owing to us by you against any amount payable by us to you.
Returns
26. All goods are made to a high quality specification. If you are not satisfied with the goods received we offer a money back guarantee when goods are returned to us unused, in perfect condition and in their original packaging, within 28 days of delivery. Please note that items which have been embroidered, altered to a customer specification or ordered specially (including, but not limited to, bespoke clothing and/or non-catalogue equipment) cannot be returned unless faulty.
27. Any goods returned which are not in the condition set out above will be rejected and returned to you at your cost with no refund given. Please note we reserve the right to charge a restocking fee for goods returned.
28. You are responsible for the cost of returning the goods to us unless they are faulty or delivered in error. Please contact our Exchanges & Returns department if you are unsure about this or would like any advice with our procedures.
29. Once returned, all items are processed as quickly as possible, however in some circumstances goods may need to be returned to the manufacturer for a decision on a problem or fault. If a product is deemed to be faulty we will either replace, repair or refund depending on the circumstances and in line with any manufacturer warranties.
30. Goods supplied are guaranteed in accordance with the terms of the manufacturer's warranty provided with the goods. For goods which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the goods shall be free from material defects. However, this warranty applies to UK mainland only, and does not apply to any defect in the goods arising from:
a. fair wear and tear;
b. wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
c. if you fail to operate or use the goods in accordance with the user instructions;
d. any alteration or repair by you or by a third party who is not one of our authorised repairers; or
e. any specification provided by you.
31. Machines returned for repair in warranty where it is found the machine has been abused or has not been used as the machine was designed for will be subject to a charge for repair and carriage. Machines which have not been maintained properly may also be subject to a charge for repair and carriage. Machines are returned for repair at your risk and must be packaged securely. Machines returned for repair are not reassembled if on quotation you decide not to have the machine repaired. Loan and hire machines are not available.
32. We recommend that you use a recorded postal / guaranteed delivery service and obtain a ‘proof of postage’ receipt if using the Post Office, as we do not accept responsibility for goods lost in transit.
Samples
33. Please contact us prior to ordering any goods required as samples. Any goods required as samples will be despatched and charged in accordance with these Terms and our current price list. Sample goods not required must be returned within 28 days from receipt and all carriage and packing costs must be borne by you.
34. All weights, measurements and specifications quoted are nominal and subject to manufacturing tolerances. Exact conformity to submitted samples cannot be guaranteed.
Cancellations (general)
35. Subject to clause 36, we will allow you to cancel your order for goods at any time prior to despatch by telephoning our offices and speaking to one of our representatives. Where payment has already been taken in respect of the order, we will process a refund in respect of the goods cancelled within seven business days.
36. Please note that orders for items which are to be embroidered, altered to a customer specification or ordered specially (including, but not limited to, bespoke clothing and/or non-catalogue equipment) cannot be cancelled.
Cancellations (Consumers) - This section applies only if you are a consumer
37. If you are a consumer and you place your order other than in person at our premises, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Contracts Regulations”) you have the right to cancel your order within a period of 14 working days. You must inform us of your wish to cancel in writing either by letter or email within a period of 14 working days. The period of 14 working days begins on the day after the day you receive your goods. You must take reasonable care of the goods and not use them. You should return goods to us in their original packaging, with a completed Exchanged and Returns form as soon as possible after informing us of your wish to cancel. You are responsible for the costs of returning the goods to us unless they were delivered in error or are faulty. If you return goods to us, we will not be responsible for any loss or damage to them during transit and we recommend that you use a recorded or secure delivery method. If goods are lost or damaged in transit, we may charge you, or not refund to you, amounts that are attributable to the loss or damage. Please be aware that your right to cancel does not apply to certain goods that we sell, for example items made to your order, such as items which have been embroidered, altered to a customer specification, bespoke clothing and/or non-catalogue equipment.
38. For full details of your rights under the Consumer Contracts Regulations, please contact your Citizens’ Advice Bureau or a solicitor.
Our Liability – This section applies only if you are a consumer.
39. Nothing in these Terms shall limit or exclude our liability for:
a. death or personal injury caused by our negligence;
b. fraud or fraudulent misrepresentation;
c. any breach of the terms implied by section 12 of the Sales of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); or
d. defective goods under the Consumer Protection Act 1987.
40. If you are a consumer, we only supply the goods for domestic and private use. You agree not to use the goods for any commercial, business or re-sale purposes, and subject to clause 39, we have no liability to you for any loss of profit, loss of business, business interuption, loss of business opportunity or any other loss to the extent permitted by law.
41. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the goods are suitable for your purposes.
Our Liability – This section applies only if you are a business customer
42. Nothing in these Terms shall limit or exclude our liability for:
a. death or personal injury caused by our negligence;
b. fraud or fraudulent misrepresentation; or
c. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
43. Subject to clause 42, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with our contract with you for:
a. any loss of profits, sales, business, or revenue;
b. loss or corruption of data, information or software;
c. loss of business opportunity;
d. loss of anticipated savings;
e. loss of goodwill; or
f. any indirect or consequential loss.
44. Subject to clauses 42 and 43, our total liability to you in respect of all other losses arising under or in connection with our contract with you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the goods.
45. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the goods are suitable for your purposes.
Events Outside Our Control
46. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. An Event Outside Our Control is defined in clause 47 below.
47. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
48. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
a. we will contact you as soon as reasonably possible to notify you; and
b. our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of our goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
Other Important Terms
49. We may transfer our rights and obligations under these Terms to another organisation but this will not affect your rights or our obligations under these Terms.
50. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased our goods as a gift, you may transfer the benefit of our warranty in clause 30 to the recipient of the gift without needing to ask our consent.
51. This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of our goods will have the benefit of our warranty at clause 30, but we and you will not need their consent to cancel or make any changes to these Terms.
52. The copyright and other intellectual property rights in all material on our website (including, without limitation, photographs and graphical images) are owned by Russums or the relevant manufacurer. Manufacturers’ logos and images have been used with the permission of the companies involved. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
53. We will hold your details on computer for the purpose of processing your order. From time to time we may send you details of similar products or services that we provide. Please tell us if you do not wish to receive such information. Telephone calls may be recorded and used for training and/or monitoring purposes. Refer to our full privacy policy here (if you are viewing these Terms online) or if not, you may access a copy by going to www.russums-shop.co.uk/privacy-policy or contacting us on 01709 372345 for details of how information is obtained, stored and used.
54. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable the remaining paragraphs will remain in full force and effect.
55. If we fail to insist that you perform any of your obligations under the Terms or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Governing Law and Jurisdiction
56. Please note that these Terms are governed by English law regardless of whether you are a consumer or a business customer. This means a contract for the purchase of our goods and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by English law.
57. However, in terms of jurisdiction:
a. If you are a consumer, then you and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
b. If you are a business, we both agree to the exclusive jurisdiction of the courts of England and Wales.
Company Registered Number: 91355
Registered Office: Edward House, Tenter Street, Rotherham, S60 1LB
Tel: 01709 365005 Fax: 01709 829982 www.russums.co.uk accounts@russums.co.uk